"States across the country will be observing how seamlessly this unfolds as it expands in phases and households grow accustomed to the process," remarked Lisa McGlynn, a labor attorney based in Tampa with the firm Fisher & Phillips.
The cultural weight of extending these protections to household employees is significant. "By cutting domestic workers off from benefits such as paid family leave, we reinforce patterns born from systemic racism and sexism," explained Marrisa Senteno, enforcement program manager at the National Domestic Workers Alliance, a New York-based nonprofit. "But elevating domestic labor—the rung typically dismissed as least valuable—raises childcare to the standing of genuine employment for women everywhere, not just nannies."
Yet several caregivers and their employers interviewed for this piece were unfamiliar with the legal shift or apprehensive about tapping into it. A friend of mine on the Upper East Side has a beloved nanny about to deliver her first child in early January. Because the nanny is undocumented, my friend is personally funding twelve weeks of paid leave. "When I had my own babies, maternity leave was simply embedded in my employer's benefits," my friend reflected. "Giving her the same felt natural."
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Eligibility for paid leave does not hinge on citizenship or immigration status, though many nannies remain reluctant to apply.
"I'd absolutely be interested, but I'm holding off until my green card clears," shared a 39-year-old nanny and home health aide from Roosevelt, N.Y., who logs seven days a week across two positions. She is nine months along and diabetic. Both families she serves have been understanding, she noted, yet she intends to take just one month of unpaid absence after her daughter arrives—two at most if a C-section becomes necessary. "I planned and prayed for this pregnancy, but the priority has to be keeping a roof over my head." Like numerous caregivers, she's recruited a relative to step in during her absence so her position remains secure.
Brittany Snell, 26, of Brooklyn, plans to bring her two-month-old son, Kyree, along when she returns to caring for a Manhattan couple's daughter in January. She wrapped up work three weeks before her delivery date and felt fortunate that—even without the statute in effect when her son was born—the family had secured a temporary caregiver and granted her the time she required, including two fully compensated weeks. Technically, she could pursue paid leave in 2018, since the law covers babies born in 2017. But, she explained, "I could never do that to them."
For both sides, a solid plan is essential, noted Laurie Berke-Weiss, a New York employment attorney. She and her daughter, Alexandra Berke, established The Pregnancy Project, which provides courses and consulting on workplace rights for expecting mothers. "Nannies aren't volunteers; they're not guests in your house," Ms. Berke-Weiss emphasized. "They're employees, subject to every applicable regulation. But few working relationships rival this closeness. They're family… that you're compensating."
Below, practical guidance for navigating this delicate transition:
- Start the conversation early. "I suggest nannies inform their employers before any visible signs, really as soon as they feel at ease sharing," advised Christa Nader, founder of the New York domestic staffing agency Kith & Kin and a former nanny. "This builds a foundation of openness, and even early in pregnancy the commute can be grueling—she may feel nauseous or need to sit down immediately upon arrival." Upon hearing the news, "Show genuine happiness and empathy," Ms. Nader recommended. "Save the panic for later, when you're alone at night."
- For employers: Examine your disability insurance. Insurance carriers are now legally required to cover family leave, and some have exited the market altogether as a result. When New York State Assemblywoman Aravella Simotas, who chairs the task force on women's issues, learned of these dropouts, she partnered with the Department of Financial Services to compile a vetted list of carriers still offering required coverage. Employers should additionally confirm that their nanny has received notification about the new statute.
- Draft a responsibilities list—and outline accommodations. Creating a job description is never too late; it provides both sides with a useful baseline for evaluating what adjustments the caregiver may need before and after delivery. "You could say, 'We want you to feel at ease as your pregnancy progresses,'" Ms. Berke-Weiss suggested. "If any accommodation would help, let's talk it through and see if we can reach an agreement." Ms. Nader added: "Sometimes employers adopt a defensive mindset, fearing that any flexibility will be exploited, which breeds a guarded dynamic. This isn't the moment for that. A nanny needs to care for herself so she can care for your child." Modifying the household environment or the child's daily routine may prove well worthwhile.
- Secure substitute coverage for the absence period (and after). Some caregivers may volunteer suggestions for a fill-in, which often works smoothly, but the responsibility of finding a replacement shouldn't land on the nanny. "And as an employer you're obligated to offer the position back to your original nanny once she's prepared to return after eight weeks," Ms. Berke-Weiss noted.
- Pursue impartial counsel. "There's always an inherent power imbalance between caregiver and employer," Ms. Senteno observed. "When conflicts surface, having both parties consult someone with deeper expertise helps clarify matters." That could mean an employment attorney, the Division of Paid Care, or the N.D.W.A. itself. "The greatest benefit for any worker is engaging with a local worker center, where people facing similar circumstances gather for resources and solidarity."
On the Upper East Side, my friend is preparing to formalize her nanny's employment status following her three months of paid maternity leave. She pointed out that a broad cultural shift encourages "women to advocate for themselves professionally, yet we look down on our nannies when they do the same. We can change that right now."
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Ms. Snell is looking forward to resuming work in the new year. The little girl she cares for recently received a baby doll from her grandparents. Ms. Snell, visibly moved, shared: "She named him Kyree."
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